0001| SENATE BILL 104 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| BEN D. ALTAMIRANO | 0005| | 0006| | 0007| | 0008| FOR THE LEGISLATIVE FINANCE COMMITTEE | 0009| | 0010| AN ACT | 0011| RELATING TO EDUCATION; PROVIDING FOR OPTIONAL FULL-DAY | 0012| KINDERGARTEN PROGRAMS; AUTHORIZING THE ISSUANCE OF SEVERANCE | 0013| TAX BONDS; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. Section 22-2-8.1 NMSA 1978 (being Laws 1986, | 0017| Chapter 33, Section 2, as amended) is amended to read: | 0018| "22-2-8.1. LENGTH OF SCHOOL DAY--MINIMUM.-- | 0019| A. Regular students shall be in school-directed | 0020| programs, exclusive of lunch, for a minimum of the following: | 0021| (1) kindergarten, for half-day programs, | 0022| two and one-half hours per day or four hundred fifty hours per | 0023| year or, for full-day programs, five hours per day or nine | 0024| hundred hours per year; | 0025| (2) grades one through six, five and one-half | - 1 - 0001| hours per day or nine hundred ninety hours per year; and | 0002| (3) grades seven through twelve, six hours | 0003| per day or one thousand eighty hours per year. | 0004| B. Nothing in this section precludes a local | 0005| school board from setting length of school days in excess of | 0006| the minimum requirements established by Subsection A of this | 0007| section. | 0008| C. The state superintendent may waive the minimum | 0009| length of school days in those districts where such minimums | 0010| would create undue hardships as defined by the state board." | 0011| Section 2. Section 22-8-19 NMSA 1978 (being Laws 1974, | 0012| Chapter 8, Section 9, as amended) is amended to read: | 0013| "22-8-19. EARLY CHILDHOOD EDUCATION PROGRAM UNITS.-- | 0014| A. The number of early childhood education program | 0015| units is determined by multiplying the early childhood | 0016| education MEM by the cost differential factor 1.44. ~~[No~~ | 0017| ~~early childhood education student shall be counted for more~~ | 0018| ~~than 0.5 early childhood education MEM]~~ Early childhood | 0019| education students enrolled in half-day kindergarten programs | 0020| shall be counted for 0.5 early childhood education MEM. Early | 0021| childhood education students enrolled in full-day kindergarten | 0022| programs that are approved by the department shall be counted | 0023| for 1.0 early childhood education MEM. | 0024| B. For the purpose of calculating early childhood | 0025| education program units, developmentally disabled three- and | - 2 - 0001| four-year-old students shall be counted in early childhood | 0002| education membership. No developmentally disabled three- or | 0003| four-year-old student shall be counted for more than 0.5 early | 0004| childhood education MEM." | 0005| Section 3. A new section of the Public School Code is | 0006| enacted to read: | 0007| "[NEW MATERIAL] FULL-DAY KINDERGARTEN PROGRAMS.-- | 0008| A. The state board shall adopt rules for the | 0009| development and implementation of full-day kindergarten | 0010| programs. Establishment of full-day kindergarten programs | 0011| shall be voluntary on the part of school districts and student | 0012| participation shall be voluntary on the part of parents. | 0013| B. Full-day kindergarten programs shall be phased | 0014| in over a three-year period as follows: | 0015| (1) effective with the 1998-99 school year, | 0016| one-third of New Mexico's kindergarten classes may be full | 0017| day; | 0018| (2) effective with the 1999-00 school year, | 0019| two-thirds of New Mexico's kindergarten classes may be full | 0020| day; and | 0021| (3) effective with the 2000-01 school year, | 0022| all of New Mexico's kindergarten classes may be full day. | 0023| C. School districts shall apply to the department | 0024| of education to receive funding for full-day kindergarten | 0025| programs. Only school districts operating full-day | - 3 - 0001| kindergarten programs approved by the department of education | 0002| shall receive funding for full-day programs pursuant to | 0003| Section 22-8-19 NMSA 1978. In granting approval for funding | 0004| of full-day kindergarten programs, the department of education | 0005| shall give preference to school districts with schools that | 0006| have the highest mobility rate determined pursuant to the | 0007| rules of the department of education and schools with the | 0008| highest proportion of students with limited English | 0009| proficiency and students who receive free or reduced-fee | 0010| lunch." | 0011| Section 4. SEVERANCE TAX BONDS--PURPOSE FOR WHICH | 0012| ISSUED--APPROPRIATION OF PROCEEDS.--The state board of finance | 0013| may issue and sell severance tax bonds in compliance with the | 0014| Severance Tax Bonding Act in an amount not exceeding twenty | 0015| million dollars ($20,000,000) when the state department of | 0016| public education certifies the need for the issuance of the | 0017| bonds. The state board of finance shall schedule the issuance | 0018| and sale of the bonds in the most expeditious and economical | 0019| manner possible upon a finding by the board that the project | 0020| has been developed sufficiently to justify that the project | 0021| can proceed to contract within a reasonable time. The state | 0022| board of finance shall further take the appropriate steps | 0023| necessary to comply with the Internal Revenue Code of 1986, as | 0024| amended. The proceeds from the sale of the bonds are | 0025| appropriated to the state department of public education for | - 4 - 0001| the purpose of making distributions to school districts to | 0002| meet capital outlay expenses incurred as a result of | 0003| implementation of full-day kindergarten programs. | 0004| Distributions shall be made to schools with approved full-day | 0005| kindergarten programs on the basis of need with preference | 0006| given to school districts with the lowest per-pupil assessed | 0007| valuation as reflected by dividing the value of property in | 0008| the school district assessed for property taxation purposes by | 0009| the number of students in the school district. Any unexpended | 0010| or unencumbered balance remaining at the end of fiscal year | 0011| 2001 shall revert to the severance tax bonding fund. If the | 0012| state department of public education has not certified the | 0013| need for the issuance of the bonds by the end of fiscal year | 0014| 2000, the authorization provided in this section shall be | 0015| void. | 0016| Section 5. APPROPRIATION.--Fifteen million dollars | 0017| ($15,000,000) is appropriated from the general fund to the | 0018| state department of public education for expenditure in fiscal | 0019| year 1999 for the purpose of funding additional program units | 0020| in early childhood education at the program unit value | 0021| established by the superintendent of public instruction. Any | 0022| unexpended or unencumbered balance remaining at the end of | 0023| fiscal year 1999 shall revert to the general fund. | 0024| Section 6. EMERGENCY.--It is necessary for the public | 0025| peace, health and safety that this act take effect immediately. | - 5 -